Hotovely: Time to Change the Basic Law

MKs from Likud, Bayit Yehudi offer suggestions on ending Supreme Court interference.

By Maayana Miskin, INN

MK Tzipi Hotovely (Likud) expressed frustration Monday over the Supreme Court’s decision to overturn a 2012 law aimed at fighting illegal entry to Israel.

“Yet again, the Supreme Court is intervening and overturning laws aimed at protecting Israel’s security and its character, due to the Basic Law: Human Dignity and Liberty,” she said.

“The High Court’s verdict does not bring tidings of peace and quiet to residents of south Tel Aviv,” she added, referring to attacks on Israelis living in areas with a high population of illegal aliens.

Hotovely declared, “We need to change the Basic Law: Human Dignity and Liberty, in order to prevent further intervention that is harmful to Israeli citizens’ security, and to legislate in the matter of immigration accordingly.”

MK Ayelet Shaked of the Bayit Yehudi (Jewish Home) faction voiced similar sentiments.

“The High Court’s decision is an outrage, because it tears down the wall protecting us from illegal entry,” she told Arutz Sheva. Shaked, of Tel Aviv, added that the decision “abandons residents of weaker neighborhoods.”

The ruling “blatantly interferes in the Knesset’s legislation,” she accused. Shaked said that she would work with MK Yariv Levin (Likud) to rewrite the law against illegal entry – and to find ways to restrict the Supreme Court’s ability to overturn legislature, as well.

The ruling Monday put an end to a 2012 law that allowed police to jail illegal entrants for up to three years pending deportation. The law was used against 1,750 illegal entrants, who were held in special detention centers in southern Israel. The court ordered that the detainees’ cases be reviewed over the next 90 days; presumably most will now be released.

Another roughly 55,000 known illegal entrants live elsewhere in Israel.

September 17, 2013 | 4 Comments »

Subscribe to Israpundit Daily Digest

Leave a Reply

4 Comments / 4 Comments

  1. That entire bench should be packed up and deposited on the Gaza side of the border! They are if not in essence, certainly in practice, undemocratic, antisemitic and destructive to the well being and survival of the Jewish state. As for the “illegal entrants”, deposit them to the point of entry, Egypt and let the Egyptians deal with them as they are obliged to do under international law. Israel has no legal responsibility for them as they may have been “refugees” when they infiltrated Egypt but the minute they ventured further into Israel they became economic illegal migrants and should be shown the door without further delay (before the next murder, rape and other crimes they perpetrate on our population)!

  2. Change the make up of the court first by limiting their terms to no more than 6 years.

    Change the laws upon which their decisions are made ie, the basic law which should favor Jewish values when they are in conflict with liberal non-Jewish christian western values.

    Limit by law the parameters the court can intervene and overturn the legislature (Knesset). In Israel it’s the Knesset who is sovereign not the court or the government.

    The executive and the courts have usurped the authority of the Knesset due to the weakness of that body partially due to the dysfunctional political system and partially due to the avoidance by Israeli parliamentarians to deal with difficult issues, thereby creating a vacuum that allowed the court to intercede.

    The court can be restrained if there is a will in the Knesset to limit their power and negate their interference where they have no business.

  3. Israel’s supreme court judges need to be expunged from their positions. A new SC must be built from the bottom up with strict laws limiting their power and authority.

    If you will it, it is not a legend.

  4. Restoring the principle of parliamentary supremacy should be pursued in Israel! Unelected activist judges should not be allowed to overturn laws they don’t like.

    And if they don’t agree with the law they are sworn to enforce, there is the obvious solution: they can always run for the Knesset to change the law.